Urgent Help! Cabot have issued County Court Order

[Cheekypomme]

A few months ago I received letters relating to £10,000 debt to Capital One Credit Card. Upon research I found out that it was my husband who spent this money but the card was in my name. We are not together anymore, I informed Cabot this but they stated I was the card holder so I have to pay, even though my ex husband has agreed to go to Court to state this. The debt was from 2008 and up until some weeks ago there has been no letter regarding this, certainly nothing from Capital One.

Is it too late to ask for original Credit Agreement? I have 14 days to fill in the claim form and send back.

Please advise what should be my next step!

[AndyOrch]

Hi Cheeky

 

I assume you mean you have received a summons from Cabot.You have 33 days in total to deal with this (5 deemed served 14 to Acknowledge service and another 14 if you intend to defend.You can request documents via a CPR 31.14 ( if docs are referred to in the Particulars of claim) request and a copy of the agreement by way of a sec 78 request.If you could type out the particulars of the claim verbatim less any identifiable data.

 

Regards

 

Andy

[Cheekypomme]

Hi Andy,

 

Hmm not familiar with either of the documents you quoted below.

 

Should I send a sec 78 request first? I have not seen any Credit Card Agreement from Capital One, if I haven't signed one, are they still eligible to the money?

Appreciate your help!

Cheeky ;-)

 

 

Hi Cheeky

 

I assume you mean you have received a summons from Cabot.You have 33 days in total to deal with this (5 deemed served 14 to Acknowledge service and another 14 if you intend to defend.You can request documents via a CPR 31.14 ( if docs are referred to in the Particulars of claim) request and a copy of the agreement by way of a sec 78 request.If you could type out the particulars of the claim verbatim less any identifiable data.

 

Regards

 

Andy

[AndyOrch]

Yes send the CCA (sec 78) request with a £1 PO print name on the request not sig.Recorded del.I cant advise on the CPR until i see your PoC.

 

Andy

[Cheekypomme]

Hi,

 

Is there a Standard sec 78 request form?

 

I will get this sent Rec Delivery tomorrow.

 

Just a tad aprehensive about the 14day court letter if they don't reply promptly.

 

Cheeky ;-)

[AndyOrch]

Its in the templates section (letter N I recall) If you have never acknowledged the debt with Caboot then its important to head the request with " I do not acknowledge any debt with your company "

[DonkeyB]

Unless you report your ex for fraud, I’m not sure his standing up in court and taking the blame will help that much. Where did the statements go to? Was it to a different address to your own?

 

Sending a CCA request at this stage implies you know what the account is about, and really you do not know because you did not take out the agreement.

 

Need to be very careful here.

[AndyOrch]

If you have received a summons Donkey with the debt and account number in your name a request for the agreement is not an acknowledgment hence my advice to head it as above.

 

Andy

[DonkeyB]

Yup, I agree Andy, because the app form should show evidence that the account is not the OP’s.

[Cheekypomme]

Do I search for the template by name? Sorry all new to me ....

[AndyOrch]

Creditors and DCAs - Letter Templates & Budget Plann

[TweedleDee]

I presume this is MCOL.

 

Once you have got a defence together with the help of the people here, you may also join your "husband" in to the action by citing him as a defendant in an "additional claim" (Civil Procedure Rule 20.7). That is if he has agreed to be liable and indemnifies you.

 

In the worst case scenario, if you are not successful in your action, he will also be liable as a result because he admitted to it earlier on in the claim before judgment. This will result in both of you having CCJs if your action is not successful.

 

You will need to file the additional claim as per CPR 20 at the same time as you file your defence. Don't do it any later otherwise you will need the permission of the court.

 

If it was MCOL, you won't be able to do this online hence why you will need to call them up and get a fax number to fax over your defence and the additional claim. There is a charge for the additional claim, the amount escapes me right now but you are looking at something between £30-£50.

 

The additional claim has to follow a certain format as regards content, etc however if you want to defend, I would get that out of the way as a priority and then think about the additional claim with your husband as a defendant later.

[Cheekypomme]

I will deal with husband later, too late to be messing round with that just now. Need to get this off my back. The letter is a Claim form in the Northampton County Court. I only received this yesterday and it is dated 29th September!! Then they say I only have 14 days to reply! I still haven't found the 'Letter N' template which is the sec 78 request letter. I really need to get this off tomorrow, at least it acknowledges that I have responded. There seems to be no court date on letter though.

[TweedleDee]

Before I leave you in the hands of the forum regulars, here is the link you requested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162367&viewfull=0#post162367

 

If you acknowledge the claim online, as another stated above, you have 33 days from the date of issue. Just ensure that you go online using your MCOL defence pack and acknowledge the claim.

 

As stated, I leave you in their hands now.

 

Good luck.

[Cheekypomme]

Thank You! I have been online and done the AOS to acknowledge claim. I guess now I need to get the SEC 78 Request letter out to Cabot and send the £1 PO.

 

What happens if they don't come up with a signed agreement from myself???

 

 

Before I leave you in the hands of the forum regulars, here is the link you requested:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-Creditors-and-DCAs-Letter-Templates-amp-Budget-Planner&p=162367&viewfull=0#post162367

 

If you acknowledge the claim online, as another stated above, you have 33 days from the date of issue. Just ensure that you go online using your MCOL defence pack and acknowledge the claim.

 

As stated, I leave you in their hands now.

 

Good luck.

[AndyOrch]

Difficult to advise further without seeing the PoC verbatim (3rd request)

 

Andy

[Undercover-Elsa]

Hi Cheeky,

By all means send your CCA Request, but in terms of the summons, as Andy says, you URGENTLY need to send what is called a CPR 31.14 request. This is for documents mentioned in the POC. .

Unlike the CCA Request, a 31.14 request is enforceable by the court if they don't comply, giving you additional protection and a possible avenue for a strike out if they fail to disclose.

 

 

We can help you with this, but need to see the Particulars of Claim to do so as the wording of the 31.14 is dependant upon the POC. Equally importantly a request for an extension of time is usually incorporated in the 31.14 letter.

By my reckoning at present your time is up on 1st November.

 

Hope this helps,

 

Elsa x

Edited October 6, 2011 by Undercover-Elsa

[Undercover-Elsa]

Putting the ex aspect to one side you need all your ducks in a row to defend, which means not only whether they can produce the agreement but also establishing whether a default notice/notice of assignment etc were correctly issued, whether there's any missold PPI or unfair charges etc etc

Edited October 6, 2011 by Undercover-Elsa

[The Mould]

A few months ago I received letters relating to £10,000 debt to Capital One Credit Card. Upon research I found out that it was my husband who spent this money but the card was in my name. We are not together anymore, I informed Cabot this but they stated I was the card holder so I have to pay, even though my ex husband has agreed to go to Court to state this. The debt was from 2008 and up until some weeks ago there has been no letter regarding this, certainly nothing from Capital One.

Is it too late to ask for original Credit Agreement? I have 14 days to fill in the claim form and send back.

Please advise what should be my next step!

 

How did you take possession of the credit card?

 

Kind regards

 

The Mould

[Cheekypomme]

I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

 

Hi Cheeky,

By all means send your CCA Request, but in terms of the summons, as Andy says, you URGENTLY need to send what is called a CPR 31.14 request. This is for documents mentioned in the POC. .

Unlike the CCA Request, a 31.14 request is enforceable by the court if they don't comply, giving you additional protection and a possible avenue for a strike out if they fail to disclose.

 

 

We can help you with this, but need to see the Particulars of Claim to do so as the wording of the 31.14 is dependant upon the POC. Equally importantly a request for an extension of time is usually incorporated in the 31.14 letter.

By my reckoning at present your time is up on 1st November.

 

Hope this helps,

 

Elsa x

[The Mould]

I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

[The Mould]

I can send copy of POC to you?

I have been online (MCOL) to acknowledge the claim which gives me more days.

I don't ever remember filling in details for the Capital One Card, but I do remember using it in the past, not to the tune of 10k but at least husband owned up to that part. They have never sent me any letters of default on payment I just received the letters from Cabot stating that this debt is from 2008.

I have done the sec 78 request letter and got the £1 PO ready to send by Rec Delivery.

 

Cheekypomme

 

Do you know if your husband (ex) received any statements or default notices?

 

It would appear that you were named in the contract as an additional cardholder and therefore the creditor can pursue you or your husband for the sum outstanding and this is regardless of whether you spent the majority of that credit or not.

 

Your husband is clearly the bast**d and so you ought to try and encourage him to do the right thing and ask him to communicate with the creditor in order to try and resolve this matter by way of your husband's proposals to repay the debt. What are you going to defend with? If you defend when there is no defence to be raised you will incurr the claimant's legal costs in the recovery action being awarded against you that could amount to a minimum of an additional £3-£5k on top of the debt already owed!

 

You have used the card and therefore you have knowledge of the account, do you know what you are doing?

 

Kind regards

 

The Mould

[Cheekypomme]

It was my card only. As we were married he used to the card on occasions. I moved to NZ for two years when I came back late last year I wasn't made aware by any statements or letters from Capital One that there was any monies outstanding. Ex is somewhere abroad ;-( No I really do not know what I am doing. I know I am clutching at straws in the hope that I have either been misold the C/Card in the first place (another new thing to come about lately) or Cap One have no signed agreement for the C/Card in the first place. I could offer some payment per month if all else fails and I would rather do that than run up more debt...ie) fees

Desperate to get this sorted though.

[Docman]

Hi Cheeky

 

For the moment, leave the issue of your ex to one side. Remember, revenge is a dish best served cold, not when you are in the midst of a stressfull action.

 

First of all, make sure you acknowledge service of the claim form. If this came from the Northamton Bulk Centre (as appears to be the case) you can do this electronically. The instructions and password are contained with the claim form.

 

Next you need to gather information about the credit agreement. S78 of the Consumer Credit Act used to be a way of getting a copy of the signed agreement. However, due to a court case in 2009 [Carey v HSBC] the law now allows creditors to reconstruct a credit agreement in response to a request under S78. Such a reconstuction of course will not contain the signature of the cardholder. Once a creditor starts a legal action though, he needs to produce a copy of the original signed agreement to prove his case [the Proof Purpose].

 

A copy of the credit agreement should have been attached to the claim form if the agreement is mentioned in the Particulars of Claim. Some 'clever' lawyers are now drafting Paticulars of Claim that don't actually mention the credit agreement, and then try to argue they don't have to produce a copy to bring the claim. That is why everyone needs to see the exact wording of the Particulars of Claim (less any identifying details such as the amount) that are in the form. Once the wording is availale, advice can be given as to the wording in your request for documents.

 

Doc

[AndyOrch]

That is why everyone needs to see the exact wording of the Particulars of Claim (less any identifying details such as the amount) that are in the form. Once the wording is availale, advice can be given as to the wording in your request for documents.

 

Doc

 

I have been requesting for 2 days Doc this thread is getting rather over complicated and messy think ill opt out.

 

Andy